• Lawyers argue that Kelantan’s proposal to mandate halal certification for food outlets may exceed local council authority, as halal certification is federally governed by Jakim under Malaysian law.
  • Concerns have been raised about the potential impact on non-Muslim businesses and constitutional issues, with critics warning of poor planning, lack of stakeholder engagement, and financial burdens for operators.
  • Jakim emphasises that halal certification is voluntary under current laws and has urged clarification from Kelantan, while business groups request a delay or collaboration to ease compliance challenges.

KUALA LUMPUR, Dec 31 — Kelantan’s proposal to mandate halal certification for food and beverage outlets serving Muslims in the state has raised eyebrows, leading to concerns on how this may affect non-Muslims.

A main concern is whether the move is lawful, with lawyers polled by Malay Mail suggesting that Kota Baru Municipal Council may be overstepping its jurisdiction when it comes to halal certification.

“From a legal standpoint, halal certification in Malaysia falls under the jurisdiction of the Malaysian Islamic Development Department (Jakim) at the federal level,” Shariah lawyer Mahmud Jumaat told Malay Mail.

Mahmud also cited Article 8 of the Federal Constitution, which guarantees equality before the law and prohibits discrimination based on religion.

“At its core, the intention behind the halal certification mandate is to ensure food safety and uphold religious principles, in which this still remains valid.

“However, poor planning, insufficient stakeholder engagement, and the absence of financial support mechanisms risk undermining these objectives,” he added.

Last week, Housing and Local Government Minister Nga Kor Ming asserted that the certification process falls outside the jurisdiction of local authorities and infringe on the purview of Jakim.

Pointing to how the Cabinet had in September decided against making the certification mandatory, Nga also urged local councils to adhere to national policies and avoid overstepping their authority.

Kelantan’s Local Government, Housing, Health and Environment exco Hilmi Abdullah has since said that non-Muslim businesses in Kelantan are not required to obtain the certification unless they cater to Muslim customers.

However, constitutional and civil rights lawyer Nizam Bashir questioned what constitutes as “non-Muslim businesses” in legal terms.

“We must keep in mind that halal certification is generally used in a trade practices context — which is where the halal certification laws spring from, to prevent food fraud,” he told Malay Mail, referring to how the certificate prevents businesses from suggesting that their food is halal when it is not.

Nizam explained that in Kelantan’s scenario, the Kota Baru council is therefore attempting to piggyback on the food fraud laws to enforce the halal certification.

The Shariah lawyer added that as Malays make up more than 95 per cent of the population in Kelantan, the rule will “most certainly” impact non-Muslim businesses.

“This ultimately, given that only five to six per cent of the population in Kelantan are non-Muslims, just seems like taking a sledgehammer to tackle an imaginary issue of food and beverage consumption by Muslims, at a small number of non-Muslim owned businesses,” Nizam added.

In addition, Jakim yesterday urged for the Kelantan state government to clarify its announcement to avoid any confusion among food operators and the public.

Its director-general Datuk Sirajuddin Suhaimee, stressed that the halal certification process implemented by Jakim or other state religious authorities, remain voluntary and there is no law making it compulsory.

“This policy is open to any party willing to comply with all the requirements, standards, and regulations of Malaysia’s halal certification, as well as the applicable laws,” Sirajuddin said.

“Moreover, it adds value to certificate holders by encouraging a high level of commitment to consistently adhering to halal certification standards and requirements.”

Sirajuddin also downplayed the moves by local councils to make halal certification as mandatory, saying they aim to promote the certification and increase the number of certified outlets under each council.

Kelantan’s announcement has been met by dismay by businesses owners, even those owned by Malays and Muslims.

The Kelantan Malay Restaurant Operators Association (Permeka) last week requested the Kelantan government delay the mandatory requirement until January 2026 — citing more time for awareness and training before applying, and cost required for it.

The Small and Medium Enterprises Association Malaysia (Samenta) has also urged the Kelantan government to reconsider, urging instead collaboration with operators to promote halal certification to reduce the burden and costs of obtaining such certification.